Act of Sederunt (Sheriff Court Ordinary Cause Rules Amendment) (Miscellaneous) 1996

JurisdictionUK Non-devolved
CitationSI 1996/2445

1996 No. 2445 (S.190)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Sheriff Court Ordinary Cause Rules Amendment) (Miscellaneous) 1996

Made 17th September 1996

Coming into force 1st November 1996

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 13 of the Sheriff Courts (Scotland) Extracts Act 18921, section 32 of the Sheriff Courts (Scotland) Act 19712, section 1(3) of the Administration of Justice (Scotland) Act 19723and of all other powers enabling them in that behalf, having approved, with modifications, draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Court Ordinary Cause Rules Amendment) (Miscellaneous) 1996 and shall come into force on 1st November 1996.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

S-2 Savings

Savings

2. Nothing in this Act of Sederunt shall affect any cause commenced before1st November 1996, and any such cause shall proceed according to the law and practice in force immediately before that date.

S-3 Amendment of Ordinary Cause Rules 1993

Amendment of Ordinary Cause Rules 1993

3.—(1) The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 19074shall be amended in accordance with the following sub-paragraphs.

(2) In rule 3.1 (form of initial writ)–

(a)

(a) in paragraph (3)–

(i) for the word “argreement”, substitute the word “agreement”; and

(ii) for the word “intitial”, substitute the word “initial”;

(b)

(b) in paragraph (4) for the word “intial”, substitute the word “initial”; and

(c)

(c) in paragraph (5), for the word “intitial”, substitute the word “initial”.

(3) In rule 3.3 (warrants of citation), for references to Forms 01, 02 and 03, substitute references to Forms O1, O2 and O3 respectively.

(4) In rule 3.4 (warrants for arrestment to found jurisdiction), in paragraph (1), for the word “intitial”, substitute the word “initial”.

(5) In rule 5.2 (form of citation and certificate), in paragraph (1)–

(a)

(a) for the words “citation by”, substitute the words “citation of”; and

(b)

(b) for the word “intial”, substitute the word “initial”.

(6) In rule 5.5 (service on persons furth of Scotland), in paragraph (1), for the words “Foreign Office” wherever they occur, substitute the words “Secretary of State for Foreign and Commonwealth Affairs”.

(7) In rule 5.7 (persons carrying on business under trading or descriptive name), in paragraph (1)–

(a)

(a) in sub-paragraph (b), omit the words from “against such person” to “descriptive name”; and

(b)

(b) for the words “shall be a valid”, substitute the words “against such person under such trading or descriptive name shall be a valid”.

(8) In rule 7.2 (minute for granting of decree without attendance)–

(a)

(a) in paragraph (3)(b), after the words “Article 52 of” insert the words “the Convention in”; and

(b)

(b) in paragraph (4), for the words “Civil and Commercial” substitute the words “Civil or Commercial”.

(9) In rule 7.5 (finality of decree in absence), in sub-paragraph (a), after the words “made under it,”, insert the words “as the case may be,”.

(10) In rule 7.6 (amendment of initial writ)–

(a)

(a) in paragraph (1)(b), for the word “intial” substitute the word “initial”; and

(b)

(b) in paragraph (3)(a) for the words “creditors, of”, substitute the words “creditors of”.

(11) After rule 7.6, insert the following rule:–

S-7.7

Disapplication of certain rules

7.7. The following rules in Chapter 15 (motions) shall not apply to an action in which no notice of intention to defend has been lodged or to any action in so far as it proceeds as undefended:–

rule 15.2 (intimation of motions),

rule 15.3 (opposition to motions),

rule 15.5 (hearing of motions).”.

(12) In rule 9.2 (fixing date for Options Hearing), in paragraph (3), for the word “parties”, substitute the words “a party”.

(13) After rule 9.2, insert the following rule:–

S-9.2A

Second or subsequent Options Hearing

9.2A.—(1) Where for any reason a second or subsequent Options Hearing requires to be fixed and an Options Hearing has already been fixed but has not yet taken place, the sheriff shall fix a second or subsequent Options Hearing and discharge that earlier hearing.

(2) The sheriff clerk shall forthwith intimate to all parties–

(a)

(a) that the original Options Hearing has been discharged;

(b)

(b) the last date for lodging defences, if appropriate;

(c)

(c) the last date for adjustment; and

(d)

(d) the date and time fixed for the second or subsequent Options Hearing.

(3) Any reference in these Rules to an Options Hearing or a continuation of it shall include a reference to a second or subsequent Options Hearing ordered under this rule.”.

(14) In rule 9.11 (record for Options Hearing), after paragraph (2), insert the following paragraph:–

S-3

“3 Where the Options Hearing is continued under rule 9.12(5), and further adjustment or amendment is made to the pleadings, a copy of the pleadings as adjusted or amended, certified by the pursuer, shall be lodged in process not later than 2 days before the Options Hearing so continued.”.

(15) In rule 11.2 (custody of process), in paragraph (3), for the words “clerk, may”, substitute the words “clerk may,”.

(16) In rule 11.6 (intimation of parts of process and adjustments)–

(a)

(a) in paragraph (1), after the word “shall”, insert the words “, at the same time,”; and

(b)

(b) in paragraph (4), after the words “where intimation is given”, insert the words “or, but for this paragraph, would be deemed to be given”.

(17) In rule 12.2 (further provisions in relation to interlocutors), for paragraphs (3) and (4) substitute the following paragraphs:–

S-3

“3 In any cause, other than a family action within the meaning of rule 33.1(1) which has proceeded as undefended, where at any stage evidence has been led, the sheriff shall–

(a) in the interlocutor, make findings in fact and law; and

(b) append to that interlocutor a note setting out the reasons for his decision.

S-4

4 In any other interlocutor, the sheriff may, and shall when requested by a party, append a note setting out the reasons for his decision.”.

(18) In rule 13.2 (procedure following leave to enter process), in paragraph (1), for the word “answers”, substitute the word “defences”.

(19) In rule 14.1 (application of this Chapter), in paragraph (2)–

(a)

(a) at the end of sub-paragraph (a), omit the word “or”;

(b)

(b) at the end of sub-paragraph (b), for the full-stop, substitute “; or”; and

(c)

(c) after sub-paragraph (b), insert the following sub-paragraph:–

“(c)

“(c) a joint minute.”.

(20) For rule 14.3 (procedure in minutes), substitute the following rule:–

S-14.3

Lodging of minutes

14.3.—(1) Before intimating any minute, the minuter shall lodge the minute in process.

(2) On the lodging of a minute, and any document under rule 21.1(1)(b) (lodging documents founded on or adopted), the sheriff–

(a)

(a) may make an order for answers to be lodged;

(b)

(b) may order intimation of the minute without making an order for answers; or

(c)

(c) where he considers it appropriate for the expeditious disposal of the minute or for any other specified reason, may fix a hearing.

(3) Any answers ordered to be lodged under paragraph (2)(a) shall, unless otherwise ordered by the sheriff, be lodged within 14 days after the date of intimation of the minute.

(4) Where the sheriff fixes a hearing under paragraph (2)(c), the interlocutor fixing that hearing shall specify whether–

(a)

(a) answers are to be lodged;

(b)

(b) the sheriff will hear evidence at that hearing; and

(c)

(c) the sheriff will allow evidence by affidavit.

(5) Any answers or affidavit evidence ordered to be lodged under paragraph (4) shall be lodged within such time as shall be specified in the interlocutor of the sheriff.

(6) The following rules shall not apply to any hearing fixed under paragraph (2)(c):–

rule 14.7 (opposition where no order for answers made),

rule 14.8 (hearing of minutes where no opposition or no answers lodged),

rule 14.10 (notice of opposition or answers lodged).

(7) The sheriff clerk shall forthwith return the minute to the minuter with any interlocutor pronounced by the sheriff.”.

(21) After rule 14.3 (lodging of minutes), insert the following rules:–

S-14.4

Intimation of minutes

14.4.—(1) The party lodging a minute shall, on receipt from the sheriff clerk of the minute, intimate to every other party including any person referred to in rule 14.13(1)–

(a)

(a) a notice in Form G7A, G7B or G7C, as the case may be, by any of the methods provided for in rule 14.5 (methods of intimation); and

(b)

(b) a copy of–

(i) the minute;

(ii) any interlocutor; and

(iii) any document referred to in the minute.

(2) The sheriff may, on cause shown, dispense with intimation.

S-14.5

Methods of intimation

14.5.—(1) Intimation of a minute may be given by–

(a)

(a) any of the methods of service provided for in Chapter 5 (citation, service and intimation); or

(b)

(b) where intimation is to a party represented by a solicitor, by–

(i) personal delivery,

(ii) facsimile transmission,

(iii) first class ordinary post, or

(iv) delivery to a document exchange,

to that solicitor.

(2) Where intimation is given–

(a)

(a) under paragraph (1)(b)(i) or (ii), it shall be deemed to have been given–

(i) on the day of transmission or delivery where it is given before 5.00 p.m. on any day; or

(ii) on the day after transmission or delivery where it is given after 5.00 p.m. on any day; or

(b)

(b) under paragraph 1(b)(iii) or (iv), it shall be deemed to have been given on the day after the date of posting or delivery.

S-14.6

Return of minute with evidence of intimation

14.6. Where intimation of any minute has been given, the minute and a certificate of intimation in Form G8 shall be returned to the sheriff clerk within 5 days after the date of intimation.

S-14....

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